Gulshan Prakash v. State of Haryana (2010) 1 SCC477
Gulshan Prakash v. State of Haryana (2010) 1 SCC 477||Case Summary
Introduction
- In this appeal, the Court has interpreted Article 15(4) of the Fundamental Right. It has been added by the 1st Amendment Act, of 1951.
Facts
- The State of Haryana instructed Maharshi Dayanand University (MDU), Rohtak to conduct entrance examination for MD/MS/PG courses for the Session 2008-2009.
- The appellant made a representation to the Health Secretary for providing reservation for SC and ST in the Post Graduate courses, Since there was no response from the Health Secretary the Appellant filed a petition in the High Court.
- The High Court dismissed the petition of the appellant therefore the appellant approached the Supreme Court by Special Leave Petition under Article 136.
Appellant Contentions
- MDU, Rohtak has provided 20% reservation for the graduate level courses or undergraduate courses therefore the said University should also provide reservation in for the PG courses.
- The Government of India itself by the All-India Entrance Examination for Post-Graduate courses provided reservation to the SC/ST candidates, therefore the State of Haryana is also bound to provide reservation to the SC and ST candidates.
- The Appellant Counsel while referring to Dr. Preeti Srivastava v. State of M.P, 1999 case said that the Court permitted to provide relief in the qualifying marks for the Post-graduate courses.
Respondent Contention
- We have already provided reservations for the UG courses.
- Article 15(4) is an enabling provision, not a mandatory provision therefore after looking at several aspects we decided to not provide reservations in the Post-graduate courses.
Issue
- Whether the Court can issue a writ to direct the State Government for implemention of reservation in the educational institute under Article 15(4) of the Constitution.
Ratio Decidendi
- Article 15 [Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth] clause (4) says: empowers the State any special provisions for the upliftment of any socially and educationally backward class of citizens or the SC and ST.
- Articles 15(4) and 16(4) both are enabling provisions not mandatory provisions.
- In the Case of Preeti Srivastava, 1999 the Court did not examine whether the reservation is permissible of Post-graduate level in medicine. It only discussed the question of fixing lower minimum qualify marks for reserved category at the Post-graduate medical education.
- It is true that GOI itself provided reservation to the SC and ST candidates by the All-India Entrance Examination but at the State Level, the power is given to the State.
- At the State Level reservations in educational institutions can be provided by the permission of State Government.
Decision
- The Court cannot direct to the State Government for implementation of reservation in educational institutions as Article 15(4) is an enabling provision.
- Hence, the Court dismissed the writ petition.
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